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January 05, 2023

Notice of Statutory Right of Way Fee Agreement Pursuant to Section 26 of the Community Charter

In accordance with Sections 26(1) and 26(3) of the Community Charter, the Council of the District of Kitimat (the “District”) gives notice that it intends to enter into an agreement entitled Statutory Right of Way Fee Agreement (the “Agreement”) with Telus Communications Inc. (“Telus”). The Agreement will provide Telus with a Statutory Right-of-Way to enter onto and to use lands with a civic name of Ocelot Way, Kitimat, BC, located at District Lot 6050, Range 5, Coast District, and more particularly described as:

PID: 030-112-133; That part of Ocelot Way dedicated on Plans 5744, 12031, 11524 and EPP67348 in District Lots 6004, 6050 and 6054 Range 5 Coast District as shown on Plan EPP66989 (the “Lands”).

The Agreement will give Telus the right to use the Access Area (see attached map) to construct a cellular tower (including staging), install, use, operate, repair, replace, modify, expand, relocate and remove equipment (including antennas and microwave dishes), devices, utility and communications cabling (including fibre), towers, poles and other support structures, risers, conduits, ducts, vertical and/or horizontal cable pathways and enclosed structures and interior spaces.

Map of Telus Tower Kitimat

Consideration for this Agreement includes the District receiving a one-time fee of $10 and $10,000 per annum (plus applicable PST, GST and/or HST) with an increase of 3% per annum during the term(s) of the Agreement (the “Fee”). The initial term of the agreement is ten (10) years. Telus has the option to exercise two (2) additional terms of ten (10) years under the same Fee arrangement as the initial term.

Additional information is available for review at the District of Kitimat reception desk, 270 City Centre, 8:30 a.m. to 4:30 p.m., Monday to Friday, excluding statutory holidays from Tuesday, January 03, 2023 to 4:30 p.m. Thursday, January 19, 2023.

Please provide comment by 4:30 p.m. on Thursday, January 19, 2023.

Kiona Enders

Director of Corporate Administration, District of Kitimat

(250) 632-8900 administration@kitimat.ca